This Site Terms of Use governs the use of the Site owned and/or operated by Qweti or any of Pink Light’s companies. This Site Terms of Use sets out the terms on which Qweti provides the Site and the Services available through it to the Users. By using the Site or/and the Services, the User acknowledges and agrees, on behalf of itself and others who use any Service under its Account, to be bound by this Site Terms of Use along with any other Service Terms apply to the User. If the User does not agree with all or any of these Site Terms of Use, its sole recourse is to discontinue the use of the Site and the Services. Capitalised terms used herein have the meanings given to them in the Definition Section of this Site Terms of Use.
*Table Of Contents
1. General
2. Account and User
3. Licence and software
4. Intellectual Property
5. Other Businesses
6. Disclaimer, Liability and Indemnity
7. Miscellaneous
1. GENERAL
The Site is an e-commerce platform that allows sellers to offer and sell products, and customers to buy them. Qweti reserves the right to introduce new Services and update or withdraw any of the Services, in its sole discretion. Qweti reserves the right to change this Site Terms of Use at any time. Any such changes will be deemed to have taken effect when posted on the Site with the update date. It is the User’s responsibility to read the Site Terms of Use on each occasion it uses the Site.
2. ACCOUNT AND USER
2.1 In order to access certain functions of the Service, including the ability to sell, order and purchase products, the User must register and create an Account on the Site, secured by a password. Any Account so created is personal and exclusive to the User and is non-transferable to any third party.
2.2 The User represents and warrants that it is at least 18 years old and that the information it provides while using the Site (including without limitation, the information provided for the Account such as the name, date of birth, e-mail address, bank card details and other details) is true and accurate and undertakes to ensure that such information is kept updated. The User shall be liable for any use of the Service and the Site by anyone through its Account. Pink Light reserves the right to carry out checks to verify, whether by itself or through a Third Party Provider, at any time the information provided by the User or associated to the Account.
2.3 The User is responsible for maintaining the confidentiality of its Account and its credentials and for restricting access to its computer, and it agrees to accept responsibility for all activities that occur under its Account.
2.4 The User acknowledges and agrees that it is its sole responsibility to back-up any files or data from its Account. Qweti does not accept any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from the Account.
2.5 While using the Site, the User will be asked to voluntarily provide certain Personal Data. Qweti is committed to process such Personal Data in accordance with the requirements of the applicable data protection laws and regulations in the State of Kuwait. With regard to the provided Personal Data, the User is subject to the terms of the Privacy Notice which clarify the processing terms of the Personal Data.
3. LICENCE AND SOFTWARE
3.1 Subject to the User’s compliance with this Site Terms of Use and any other Service Terms, and the payment of any applicable fees, Qweti and/or its Third Party Provider grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Services and the Site. This licence does not include any resale or commercial use of the Site, any Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading or copying for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. The User may use the Services and the Site only as permitted by the Applicable Laws and this Site Terms of Use.
3.2 All rights not expressly granted to the User in this Site Terms of Use or any Service Terms are reserved and retained by Qweti, Third Party Provider or its licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of it, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Qweti.
3.3 Certain Services are provided on the Site through one or more Software. The User may use the Software solely for purposes of enabling the use of the Services as provided on the Site, and as permitted by this Site Terms of Use and any other Service Terms. All Software used in any Service or in this Site is the property of Qweti or its Software Third Party Provider.
3.4 The User shall not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to or licence the Software in whole or in part. The User shall not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with any Software, whether in whole or in part.
3.5 While using the Software, the User may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Such use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
3.6 Qweti and/or any Third Party Provider may carry out automatic or manual updates to any Software at any time and without any notice to the User.
4. INTELLECTUAL PROPERTY
4.1 The User acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available on the Site shall remain at all times vested to its owner or licensor. The User is permitted to use this material and/or content only as expressly authorised in this Site Terms of Use or any other Service Terms.
4.2 Qweti Intellectual Property Rights are rights owned by or licensed to Qweti, unless otherwise noted. Qweti Intellectual Property Rights are variously protected by the laws of the State of Kuwait and other countries. The Use of any of these Qweti Intellectual Property Rights may not be made without the prior written consent of Qweti. Without limiting the generality of the aforementioned, Qweti Intellectual Property Rights may not be used in connection with any product or service that does not belong to Qweti, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pink Light. All other trademarks not owned by Qweti that appear on the Site or any Service are the property of their respective owners and may be subject to their owners’ terms.
4.3 The User acknowledges and agrees that the material and content shown at the Site or the Services is made available for the User personal non-commercial use only and that the User may download such material and content only for the purpose of using this Site in accordance with this Site Terms of Use. The User further acknowledges that any other use of the material and content available on the Site or the Services is strictly prohibited and agrees not to, and agrees not to assist or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. The User shall not frame or utilise framing techniques to enclose any proprietaries rights including without limitation trademark, logo or other proprietary information (such as images, text, page layout or form) provided on the Site without the express prior written consent of Qweti or the proprietary rights’ owner.
4.4 The Site may provide the opportunity for the Users to post some User Content and Feedback on the Site. The User represents and warrants that any of the User Content and Feedback submitted on the Site through its Account is original and does not infringe the copyright of others, and the User hereby grants Pink Light a perpetual, irrevocable, non-exclusive, royalty free licence to use such User Content and Feedback, without any further recourse to the User, and the User hereby waives all rights in such User Content and Feedback. The User agrees that the User Content and Feedback is not contrary to public morals or is defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to any Applicable Law.
4.5 Qweti has the full right, but not the obligation, to monitor and edit or remove any activity or User Content and Feedback and takes no responsibility and assumes no liability for any User Content and Feedback.
4.6 Qweti and/or any Third Party Provider may carry out automatic or manual updates to any Software at any time and without any notice to the User.
5. OTHER BUSINESSES
Third parties operate stores, display and sell products or/and provide services or software (including the Software) on the Site. Whenever the User purchases or uses any of the products or services offered by third parties, the User acknowledges its knowledge that the purchasing and contracting is being done directly with those third parties, not from or with Qweti. Qweti is not responsible for examining or evaluating, and does not warrant, the offerings of any of these third parties (including the content of their websites). Qweti does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. It is the User’s sole liability to carefully review such third parties’ products and services’ terms and conditions, their privacy statements, and other conditions of use.
6. DISCLAIMER, LIABILITY AND INDEMNITY
6.1 Qweti does not warrant that the Site or any of the Services available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in the Site and/or the Services. Qweti makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Site or Services available through it.
6.2 Although Qweti takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Site, Qweti does not represent or warrant that the Site or the Service or any material that may be made available through them are free from such destructive features. Qweti is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
6.3 Any links or references to other Internet sites contained on the Site are provided by Qweti merely as a convenience to the Users, and Qweti is not responsible for the content or operation of any such linked Internet sites. Any hyperlinks to such linked Internet sites should in no way be construed as an endorsement, representation or promotion by Qweti as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/hyperlinks is done at the User own risk and cost.
6.4 In no event shall Qweti be liable to the User or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data), even if Qweti has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) the User’s use of or reliance on the Site, any information, hyperlinks or content contained therein, or the Services included on or otherwise made available to the User through the Site; (ii) the User’s provision of information, personal or otherwise, to Qweti; (iii) the provision of the Services on the Site; or (iv) acts or negligence on the part of Qweti, its directors, employees, advisors or agents.
6.5 TO THE FULLEST EXTENT PERMITTED BY LAW, Qweti DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE OR THE SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY Qweti, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SITE, THE SERVICES AND ALL INFORMATION, LINKS, CONTENT, SOFTWARE, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. THE USER EXPRESSLY AGREE THAT ITS USE OF THIS SITE OR THE SERVICE IS AT ITS SOLE RISK.
6.6 Notwithstanding anything herein to the contrary, Qweti’s aggregate liability (whether in contract, tort or otherwise) for all loss or damage that the User may incur on any account whatsoever, arising out of its use of the Site, shall be limited to a sum equal to the amount paid or payable by the User for the Service provided by Qweti in respect of one incident or series of incidents attributable to the same cause.
6.7 The User shall defend, indemnify and hold harmless Pink Light, the Third Party Provider and its and their officers, employees and agents from and against any and all liabilities, costs, damages, injuries, claims, suits, judgments, causes of action and expenses (including without limitation attorneys’ fees, court costs and out-of-pocket expenses) suffered or incurred by any of them, including without limitation third parties’ claims, as a result of
(a) the User’s breach of this Site Terms of Use or any other Service Term or any of the User’s representations and warranties contained therein,
(b) the User Content and Feedback’s infringement to any third party’s right,
(c) the User’s use of the Software, the Site or the Service,
(d) the User’s use of any third party’s software, service or product made available on the Site,
(e) any harm or damage caused or result from the User’s use of the Software or the Site or
(f) the User’s non-compliance with the Applicable Law.
6.8 We aim to show you accurate product information. Manufacturers, suppliers and others provide what you see here, and we have not verified it.
Product packaging and material may contain more and/or different information from the website, including the product description, country of origin, nutrition, ingredient, allergen and other information. Always read labels, warnings, and directions and other information provided with the product before using or consuming a product. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Electronic devices may be subject to the Federal Communications Commission’s testing, equipment authorization, and device marking and labeling requirements. For additional information about a product, please contact the manufacturer.
7. MISCELLANEOUS
7.1 The licence granted to the User under the Site Terms of Use, any agreement between the User and Qweti, the Account and/or the Service may be suspended (permanently or temporary) or terminate by Qweti, without notice, if the User does not comply with this Site Terms of Use or any Service Terms. Qweti reserves the right to refuse providing any Service, terminate or suspend any Account, remove or edit any content and any User Content and Feedback on the Site, or cancel orders anytime at its sole discretion as it deems fit.
7.2 The User’s use of the Site shall be governed by and construed in accordance with the laws of the State of Kuwait. Any dispute arising hereunder or in connection herewith shall be resolved amicably by discussion between the User and Qweti, failing which, the matter in dispute shall be submitted to be finally and exclusively settled by the competent courts of the State of Kuwait.
7.3 The User may not assign this Site Terms of Use or any of its rights or obligations without the prior written consent of Qweti. Qweti reserves the right to transfer, assign or subcontract the benefit of the whole or part of any of its rights or obligations under this Site Terms of Use or any related contract, to any third party.
7.4 If any part of this Site Terms of Use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other terms shall not be affected.
7.5 No Waiver of any term or condition or of any breach of this Site Terms of Use shall be deemed a continuing waiver or a waiver of any other term or condition or of any later breach of this Site Terms of Use. All rights and remedies, whether conferred by the Site Terms of Use, by any other instrument or by law, shall be cumulative, and may be exercised singularly or concurrently.
7.6 The User consents to receive communication from Qweti electronically. Qweti may communicate with the User by e-mail or by posting notices on the Site. The User agrees that all agreements, notices, disclosures, and other communication that Qweti provides to the User electronically satisfy any legal requirement that such communication be in writing.
7.7 The product images & descriptions are indicative in nature, to give an idea of how it may look like. All Pictures shown are for illustration purpose only. Actual product may vary due to product enhancement.
7.8 The defined terms used in this Site Terms of Use shall have the meaning set forth in this Section:
a. “Account” means any User account created on the Site;
b. “Affiliate” means, with respect to any person or entity, any other person or entity who, directly or indirectly, through one or more intermediaries, Controls, is Controlled by or is under common Control with such person or entity;
c. “Pink Light” means the group of companies composes of Qweti and all its Affiliates under Pink Light Industries;
d. “Applicable Law” means with respect to any person or entity, any law, statute, treaty, rule, regulation, regulatory or legislative requirement, ordinance, licence, restriction, judicial or administrative order, code, common law, or other pronouncement having the effect of law of (i) the jurisdiction where such entity was incorporated and operates its business and (ii) the State of Kuwait;
e. “Control” including the terms “controlling”,“controlled by”and “under common control with”means the possession, directly or indirectly, of more than 50% of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, as trustee or executor or as general partner, by contract or otherwise, including the ownership, directly or indirectly, of securities having the power to elect a majority of the board of directors or similar body governing the affairs of such person or entity
f. “Privacy Notice” means the set of terms and conditions that regulates the personal data privacy on the Site.
g. “Service” means any service available on the Site and performed either by Qweti or its Third Parties Providers; including without limitation, the warehousing, the shipping, the return handling;
h. “Site” means the website, the primary home page of which is identified by the url www.qweti.com and any mobile device application or desktop application, developed by Qweti or on its behalf, and any successor or replacement of such;
i. “Software” means the solution(s) or the system(s) used to operate the Site and/or the Services;
j. “Intellectual Property Right” means any patent, copyright, trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Applicable Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing;
k. “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person which is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
l. “Service Terms” means the terms and conditions that regulate the provision of a Service;
m. “Third Party Provider” means a third-party service provider that Qweti appoints to perform any of the Services or provide the Software;
n. “Site Terms of Use” means the terms and conditions contained in this document;
o. “User” means any person or entity, including without limitation a customer, seller or Third Party Provider, using the Site or the Services;
p. “User Content and Feedback” means all materials made available by the User on the Site; and
q. “Qweti” means Pink Light co.